Sixth Circuit Affirms Certification And Summary Judgment For TCPA Class, Despite State Law Class Action Prohibition

On July 9, 2014, the Sixth Circuit affirmed a district court ruling that a consumer TCPA class action could proceed against Lake City Industrial Products, rejecting Lake City's argument that Michigan law prohibited TCPA class actions. American Copper & Brass, Inc. v. Lake City Industrial Products, Inc., Case No. 13-2605, (6th Cir. 2014). In addition, Lake City's potential bankruptcy and inability to pay a judgment was irrelevant at this stage of the case, so summary judgment also was affirmed.

In February 2006, Lake City, a pipe-thread sealing tape distributor, retained a fax-blasting company to transmit approximately 10,000 Lake City advertisements. American Copper, a Michigan equipment wholesaler, received Lake City's fax later that month. American Copper had no preexisting business relationship with Lake City and had not consented to the receipt of faxes from Lake City. American Copper filed a class action law suit in federal district court in Michigan in 2009,